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HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53301 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5330 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM (LCP) TO BRING THE LOCAL COASTAL PROGRAM AND ZONING MAP INTO CONFORMANCE WITH THE GENERAL PLAN ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF TAMARACK AVENUE, WEST OF THE RAILROAD RIGHT-OF-WAY IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: VILLA PARADISIO CASE NO.: LCPA 01-12 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, Randall IC Lockett, “OwnerDeveloper,” has filed a verified application with the City of Carlsbad regarding property described as That portion of Lot 6 in Block S of Palisades Number Two, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1803, filed in the Office of the County Recorder of San Diego County, on August 25,1924 (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “LCPA 01-12’’ dated January 15,2003 attached to Planning Commission Resolution No. 5330 VILLA PARADISIO - LCPA 01-12, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 15th day of January, 2003 hold a duly noticed public hearing as prescribed by law to consider said request; and ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on November 28,2002 and ending on January 9,2003, staff had received no public comments on the proposed Local Coastal Program Amendment. C) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of VILLA PARADISIO - LCPA 01-12 based on the following findings, and subject to the following conditions: 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello I1 Segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed RD-M zone is consistent with the existing RH (Residential High Density) land use designation. 2. That the proposed land use and zone designation amendment to the Mello I1 Segment of the Carlsbad Local Coastal Program is required to bring the designations of the City’s Zoning Map and the Mello I1 Local Coastal Program Segment into conformance. Conditions: 1. Approval of LCPA 01-12 is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ZC 01-12, CT 02-11, CP 02-07, SDP 01-13, and CDP 01-38 and is subject to all conditions contained on Planning Commission Resolutions No. 5328, 5329, 5331, 5332, 5333 and 5334 for those other approvals, incorporated by reference herein. ... ... PC RES0 NO. 5330 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of January, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Segall, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None ATTEST: \ Planning Director PC RES0 NO. 5330 -3- LOCAL COSTAL PROGRAM AMENDMENT LCPA 01 -1 2 draft final 0 Project Name: Villa Paradisio - LCPA 01 -12 I Related Case File Noh): ZC 01 -1 2/CT 02-1 l/CP 02- ~~ I 07/SDP 01 -1 3/CDP 0; -38 Propertykegal Description(s1: APN 206-020-08 That portion of Lot 6 in 'Block S of Palisades Number Two, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No 1803, filed in the Office of the County Recorder of San Diego County, on August 25,1924 Local Coastal Program Amendment Approvals Property/APN(s) Council Approval Date: To: From: A. 206-020-08 Resolution No: RD-M R-1 Effective Date: Signature: Attach additional Daaes if necessarv